Safe Work Method Statements – their role, their use and their curse

Paul Breslin caused a stir in Australia’s OHS sector in 2013 with his costing of one element of managing high risk workplaces, the Safe Work Method Statement (SWMS).  In 2014, an update of Breslin’s research was published in The Australian and New Zealand Journal of Health, Safety and Environment (only available through subscription), in which he states that

“Industry stakeholders claim that the SWMS Process is no longer manageable and that this document process has failed the industry and has basically outlived its usefulness” and

Recent “criticism has centred on the fact that SWMSs, which were intended to be easy to use documents, have often become so large and complex that they are impractical to use”.

(The latter statement was supported by speakers at a recent (poorly attended) Safety In Construction Conference in Melbourne, Australia.)

Some general industry criticism has been aimed at occupational health and safety (OHS) regulators such as the various WorkSafes and the

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Self-employment should not be seen as a work/life solution

Work/life balance is a close cousin to occupational health and safety (OHS), particularly health.  It is often the gateway people use to reduce occupational health risks such as stress and other psychosocial issues.  Moving to self-employment can be a successful strategy but it is not as easy as simply relocating one’s individual workplace or teleworking, the expected control on work hours may not eventuate and it may be very difficult to maintain a livable wage.  In The Saturday Age on April 26 2014 (not locatable on-line), Dr Natalie Skinner of the Australian Centre for Work + Life, provided a useful perspective.

Skinner writes that her annual surveys over the last six years have indicated that:

“self-employment is neither better nor worse for work-life conflict than being an employee.”

Skinner acknowledges that this seems odd because there has been so much debate about the win-win of workplace flexibility.

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Coroner calls for fresh approach to OHS in small business

Ever since the UK Government reduced the occupational health and safety (OHS) obligations on small business, there have been concerns that a similar strategy could occur in Australia.  Of all the States in Australia, Victoria is the most likely to mirror the UK actions, particularly as its WorkSafe organisation continues with its restructuring and (ridiculous) rebranding, and Victoria’s conservative government continues to see OHS as a red tape issue for small business.  However a recent finding by the Queensland Coroner should be considered very seriously when thinking of OHS in small business.

In 2011 Adam Douglas Forster

” … came close to the rotating ball mill, then accidently (sic) became ensnared by the protruding bolts and was dragged underneath the ball mill which continued to rotate, thereby causing his fatal injuries.”

The inquest found

“There were no guards, barriers or other apparatus restricting access by any persons to the ball mill.” and

Forster “did not know how to turn the ball mill on or off”. Continue reading “Coroner calls for fresh approach to OHS in small business”

Politics before safety in South Australia

Occupational health and safety (OHS) eyebrows were raised in Australia recently as a State Government suspended the application of three construction-related codes of practice, principally, on the basis that compliance will cost too much.  The decision by South Australia’s Minister for Industrial Relations, John Rau, following a report by the Small Business Commissioner, Mike Sinkunas, illustrates several issues:

  • the SA government is overly influenced by the Housing Industry Association (HIA),
  • small business is being misinformed on how workplace safety works,
  • the application of “reasonably practicable” has been ignored, and
  • the unions and safety profession do not know how to respond.

Continue reading “Politics before safety in South Australia”

MP wants to close a dodgy loophole but vision is what’s needed

One of the most discussed posts on this blog concerned an insurance company that paid the fines awarded against a company director. The company director had been found guilty of OHS breaches that led to the death of a worker. Yesterday, South Australia’s Deputy Premier and Minister for Industrial Relations. John Rau, said that he will be taking action to close the loophole that allows for this situation. But this is unlikely to succeed and may be a distraction from the more significant issue of new penalties for deterrence.

In a media release, not yet available online, Rau states that

“Insurance should not be the preference over safe equipment and safe workplace standards….

Whilst most employers do the right thing, this dodge effectively means that the incentive for a company to provide a safe environment for its workers is diminished or eliminated.”

Rau’s current strategy for closing this loophole, which is not really a legal loophole at all, is weak. Rau, a Labor Party politician, says that he will bring the matter to the attention of the Federal Minister for Workplace Relations, Bill Shorten. However, Australia is ten days away from an election that the current (Labor) government is tipped to lose.

Continue reading “MP wants to close a dodgy loophole but vision is what’s needed”

Judicial inquiry into insulation dominated by election campaign politics

Australia’s conservative opposition leader, Tony Abbott, has announced that he intends to conduct a judicial inquiry into the government’s handling of the home insulation program (HIP) that resulted in the deaths of four workers in Queensland and New South Wales in 2009 and 2010.

Such a call would, normally, be very welcome but the timing of Abbott’s announcement brings a level of political baggage that weakens his commitment. Continue reading “Judicial inquiry into insulation dominated by election campaign politics”

Focus on Safety and compliance will come

Everyone wants clarity.  We want the comfort of knowing we are doing the right thing or that we are meeting the targets we and others set.  Workplace safety is no different but it has been complicated to an extent that clarity is unachievable and so uncertainty has come to dominate.

Occupational health and safety (OHS) consultants are often asked by business, small business in particular, “just tell us how to comply”.  Once upon a time this could be done but now the best a consultant can do is say something like “I reckon you’ll be okay, ……. if you follow through with the commitments needed, and keep your state of knowledge up to date, and take out as many liability insurances as you can, and become a member of an industry association ….and……..and…..”

The cult of “reasonably practicable” has been a major cause of this uncertainty but even prior to this was the move in Australia in the 1990s from a prescriptive regulatory structure to performance-based.

OHS compliance is now at the stage of the “best guess” or an “educated guess”, if one is lucky.  Continue reading “Focus on Safety and compliance will come”

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